The Council of Ministers has given the green light to the "anti-Maranza" legislation. How this changes the criminal liability of minors

A draft bill to tackle juvenile crime has been approved by the Council of Ministers. Already dubbed the ‘anti-maranza’ bill, the government’s initiative aims to combat widespread phenomena such as ‘baby gangs’, particularly in major cities. "Firmness without alternatives is not enough, but alternatives without firmness do not solve the problem," said Prime Minister Giorgia Meloni in a video shortly after the Council of Ministers meeting had ended.

The new regulations amend Article 98 of the Criminal Code, which governs the criminal responsibility of minors. Currently, young people aged between 14 and 18 are deemed criminally responsible only if, at the time of the offence, they had the capacity to understand and form their own will. In the event of a conviction, the sentence is always reduced. Unlike adults, for whom the capacity to understand and form a proper judgement is presumed by law, in the case of minors aged between 14 and 17, the judge must always assess on a case-by-case basis whether they possessed the necessary maturity to understand the wrongfulness of their actions. At present, therefore, criminal responsibility is not automatic for minors aged between 14 and 18. Under the government’s amendments to the Criminal Code, this will change: the lack of capacity to understand and intend will have to be proven on a case-by-case basis. However, the reduction in sentence provided for in Article 98 will remain in force; this stipulates that, in addition to the reduction in the principal sentence, there are limits on additional penalties. If the custodial sentence is less than five years or if the sentence is a fine, no additional penalties shall be imposed.

“Today the government has approved a measure that changes the rules on the criminal liability of minors”, a provision that “affects above all those who believe themselves to be untouchable, who exploit minors as labourers for their own business interests, but which also serves to punish those young people who think they can do as they please because they know nothing will happen to them anyway”. So said Meloni in a video posted on social media following the Council of Ministers meeting. “Those who assault, rob or vandalise must always be held to account, even if they are 15 or 16 years old; this is why we have taken action and continue to do so: arrest for minors caught with a weapon, strict regulations against the circulation of knives, and tougher penalties for group vandalism. Today we’re taking a further step,” says the Prime Minister. “Our legal system currently provides that a minor aged between 14 and 18 is only held criminally responsible if a judge determines that they had the capacity to understand and form their own will. With this measure, that capacity is always presumed. This means that it will still be possible to prove the contrary before a judge, but the starting point changes: previously, incapacity was presumed; today, responsibility is presumed.”

“It’s clear,” Meloni continues, “that legislation alone does not solve the problem, nor can we rely solely on repressive measures when dealing with very young people. This measure,” she adds, “is one step in a much more difficult and often silent process. Because a 15- or 16-year-old who becomes violent and commits crimes almost never ends up there on their own. Very often there is a family that has neglected them, a school that has lost touch, a neighbourhood where there is nothing to do in the evenings, or an adult who has taken advantage of the void. Firmness without alternatives is not enough,” she concludes, “but alternatives without firmness do not solve the problem.” 

According to Justice Minister Carlo Nordio, “this is the final piece in a whole series of measures, starting with the Caivano decree, which were adopted in response to the rise in juvenile crime. “It is a sort of streamlining of the process” because “all the rules regarding age and criminal responsibility date back to the Rocco Code, the fascist code, when juvenile delinquency was different, both quantitatively and qualitatively,” he said at a press conference. He reiterated that this is “a presumption subject to proof to the contrary. It is not an absolute presumption, it is a relative presumption”. Criticism came immediately from AVS leader Angelo Bonelli: “Instead of investing in schools, educators, social services, mental health, and cultural and sports centres in the suburbs, Meloni and Nordio are choosing to respond to youth distress with imprisonment and an authoritarian drift that replaces prevention with suspicion and social policies with criminal law,” he commented.